Ruling in Favor of Hobby Lobby Jeopardizes Women's Health
Earlier today, June 30, 2014, the Supreme Court announced its decision in Burwell v. Hobby Lobby; the court ruled that "closely held" corporations are not obligated under the Affordable Care Act (ACA) to provide employees with health care coverage of contraception. The Supreme Court's discriminatory decision jeopardizes women's access to birth control, basic health care upon which millions of women across the country rely. Ninety-nine percent of women will use contraception sometime in their lives for a variety of reasons including family planning, treating endometriosis, and relieving severe menstrual pain. By singling out contraception as less essential than other forms of health care, today’s ruling effectively sanctions discrimination against women.
The ACA's no-cost contraceptive coverage mandate helped to ensure that women had access to vital health services regardless of their economic status. Women are more likely to need preventive health care services than men, but they have a lower income than men, and their out-of-pocket health costs consume a greater portion of their income. For millions of women, the ACA’s contraception mandate has been essential to ensuring access to birth control. SIECUS joined national partners in filing a friend of the court brief discussing the importance of ensuring this access. Today's decision, however, hinders women's ability to access reproductive health care and services, particularly for low-income and young women.
In September 2013, Hobby Lobby, a for-profit national arts and crafts chain with over 13,000 employees owned by a Christian family, filed suit against Kathleen Sebelius in her capacity as Secretary of the Department of Health and Human Services (later succeeded by Sylvia Burwell). The owners of Hobby Lobby argued that the ACA contraception coverage requirement violates the Religious Freedom Restoration Act of 1993 (RFRA).
The contraceptive coverage requirement allows exemptions for religious organizations and non-profit religious institutions, but does not include an exemption for for-profit businesses like Hobby Lobby. Hobby Lobby’s case before the Supreme Court was consolidated with Conestoga Wood v. Burwell, one of 50 lawsuits filed across the country by for-profit corporations since the ACA passed. Fifty-nine non-profit organizations have also filed suit against the no-cost contraceptive mandate, arguing that the mandate’s exemption, which is designed to ensure employee access to contraception coverage but that the non-profit religious employer will not be tied to the coverage in any way, nonetheless burdens their religious freedom.
Speaking on behalf of the White House, Press Secretary Josh Earnest said that the ruling, “jeopardizes the health of women employed by these companies" and that, "the owners of for-profit companies should not be allowed to assert their personal religious views to deny their employees federally mandated benefits.”
The full implications of today's decision remain unknown. However, SIECUS will work with our national partners to encourage Congress to ensure that the women affected by today's decision have the same access to contraception as women not subject to the personal religious beliefs of their bosses.
For questions or more information, please contact Jesseca Boyer at [email protected] or 202-265-2405.
